Murillo v. Gardena Police Department et al

Filing 3

ORDER TRANSFERRING CASE to the Central District of California, Western Division signed by Magistrate Judge Sheila K. Oberto on 1/6/2022. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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FRANCISCO MURILLO,

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Case No. 1:22-cv-00021-AWI-SKO

Plaintiff,
ORDER TRANSFERRING CASE
v.

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GARDENA POLICE DEPARTMENT, et al.,
Defendants.
_____________________________________/

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On January 4, 2022, Plaintiff Francisco Murillo, a state prisoner proceeding pro se, filed a

21 complaint against Defendants Gardena Police Department, “Emergency Sector,” Gardena Fire
22 Department, and “Lisa Bloom, Counsel Attorney.” (Doc. 1.) The complaint purports to allege
23 claims pursuant to 42 U.S.C. § 1983 for violations of Plaintiff’s constitutional rights that apparently
24 took place in Gardena, California. (See id.)
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The federal venue statute requires that a civil action, other than one based on diversity

26 jurisdiction, be brought only in “(1) a judicial district in which any defendant resides, if all
27 defendants are residents of the State in which the district is located; (2) a judicial district in which a
28 substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of

1 property that is the subject of the action is situated; or (3) if there is no district in which an action
2 may otherwise be brought as provided in this section, any judicial district in which any defendant is
3 subject to the court's personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).
While Plaintiff is currently housed at a correctional institution within this judicial district,1

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5 none of the defendants as specified reside in this district.2 The claims are also alleged to have arisen
6 in Gardena, California (see Doc. 1 at 1), which is in the Western Division of the Central District of
7 California. Therefore, Plaintiff’s action should have been filed in the United States District Court
8 for the Central District of California, Western Division. In the interest of justice, a federal court
9 may transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a);
10 Abrams Shell v. Shell Oil Co., 165 F. Supp. 2d 1096, 1103 (C.D. Cal. 2001).
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Based on the foregoing, IT IS HEREBY ORDERED that this matter is transferred to the

12 United States District Court for the Central District of California, Western Division.3
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IT IS SO ORDERED.

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/s/ Sheila K. Oberto

January 6, 2022

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UNITED STATES MAGISTRATE JUDGE

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Plaintiff alleges he is currently an inmate at the California Correctional Institution in Tehachapi, California. (See
Doc. 1 at 1.)
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All of the defendants are listed as located in Gardena, California, except for “Emergency Sector” and Ms. Bloom,
whose locations are unspecified. (See id. at 2.)
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In view of the transfer, this Court has not ruled on Plaintiff’s request to proceed in forma pauperis (Doc. 2).

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